Abbas P.O vs State Of Kerala
2022 Latest Caselaw 10739 Ker

W.P.(C) No.16418/2012                       1




                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

               FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944

                                 WP(C) NO. 16418 OF 2012

PETITIONERS:

     1         ABBAS P.O.
               AGED 38 YEARS
               S/O.P.S. OORAN PAZHAYIDATHU HOUSE, EDATHALA P.O ALUVA ERNAKULAM
               DISTRICT
     2         SHIHAB V.M S/O.MUSTHAFA
               VADAKKETHOIKKARA HOUSE ERUMATHALA P.O ALUVA ERNAKULAM DISTRICT
               BY ADV SMT.A.SREEKALA


RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE REVENUE SECRETARY,
               GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM
     2         THE DISTRICT COLLECTOR
               ERNAKULAM
     3         THE DISTRICT GEOLOGIST
               DEPARTMENT OF GEOLOGY ERNAKULAM
     4         THE TAHSILDAR
               ALUVA
     5         THE VILLAGE OFFICER
               ALUVA EAST VILLAGE ERNAKULAM DISTRICT
     6         THE SUPERINTENDENT OF POLICE
               ALUVA
     7         C.A ABBAS
               CHERODATH HOUSE KUTTAMASSERY THOTTUMUGHAM P.O ERNAKULAM DISTRICT
               BY ADV.
               R1 to R6 BY SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER

      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.16418/2012                          2




                                       JUDGMENT

Dated this the 21st October, 2022

This writ petition is filed by the petitioners seeking the following reliefs:

(i) to issue a writ of Certiorari or any other appropriate writ, order or direction, calling for the records resulting in passing Exhibit P9 quarrying permit and to quash the same finding that it is illegal and issued without considering the objections raised by the petitioners and the fact that Exhibit P7 Order is in force;

(ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 2 to 6 to ensure that no illegal sand mining is being conducted under Exhibit P9 permit in the property comprised in survey no. 219/1 of Aluva East Village;

(iii)allow this Writ Petition with costs.

2. However, today when the matter is taken up, Adv.Arjun Raj, representing

learned counsel for petitioner Smt.A.Sreekala, submitted that the matter has become

infructuous.

Submission recorded and the writ petition is dismissed as infructuous.

Sd/-

                                                        SHAJI P.CHALY

smv                                                          JUDGE